The Scotland Act 1998 (Agency Arrangements) (Specification) (No. 2) Order 2008

Made9th July 2008

Laid before Parliament16th July 2008

Laid before the Scottish Parliament16th July 2008

Coming into force3rd October 2008

At the Court at Buckingham Palace, the 9th day of July 2008

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred on Her by sections 93(3) and 113(2) and (3) of the Scotland Act 19981 is pleased, by and with the advice of Her Privy Council, to order as follows:

Citation, commencement, interpretation and extent1

1

This Order may be cited as the Scotland Act 1998 (Agency Arrangements) (Specification) (No. 2) Order 2008.

2

This Order shall come into force on 3rd October 2008.

3

In this Order, “the 1998 Act” means the Scotland Act 1998.

4

This Order does not extend to Northern Ireland.

Specification of functions2

1

The function of the Secretary of State described in column 1 of Schedule 1 to this Order (subject to the restrictions mentioned in column 2 of that Schedule) is hereby specified for the purposes of section 93(1) of the 1998 Act.

2

The function exercisable by the Scottish Ministers under the enactment mentioned in column 1 of Schedule 2 to this Order (subject to the restrictions mentioned in column 2 of that Schedule) is hereby specified for the purposes of section 93(1) of the 1998 Act.

Judith SimpsonClerk of the Privy Council

SCHEDULE 1FUNCTION OF A MINISTER OF THE CROWN

Article 2(1)

Column 1	Column 2
The function of the Secretary of State to make arrangements for monitoring compliance with a curfew condition included in a licence by virtue of section 37A(1) of the Criminal Justice Act 19912 or section 250(5) of the Criminal Justice Act 20033.	Only in so far as that function relates to the electronic monitoring of the compliance with a curfew condition by an offender transferred from England and Wales to Scotland in circumstances where paragraph 8 of Schedule 1 to the Crime (Sentences) Act 19974 applies and released on licence in accordance with section 34A of the Criminal Justice Act 19915 or section 246 of the Criminal Justice Act 20036.

Column 1

Column 2

The function of the Secretary of State to make arrangements for monitoring compliance with a curfew condition included in a licence by virtue of section 37A(1) of the Criminal Justice Act 19912 or section 250(5) of the Criminal Justice Act 20033.

Only in so far as that function relates to the electronic monitoring of the compliance with a curfew condition by an offender transferred from England and Wales to Scotland in circumstances where paragraph 8 of Schedule 1 to the Crime (Sentences) Act 19974 applies and released on licence in accordance with section 34A of the Criminal Justice Act 19915 or section 246 of the Criminal Justice Act 20036.

SCHEDULE 2FUNCTION EXERCISABLE BY THE SCOTTISH MINISTERS

Article 2(2)

Column 1	Column 2
1 Section 245C(1) of the Criminal Procedure (Scotland) Act 1995 (the function of making arrangements for the remote monitoring of offenders)7.	Only insofar as that function relates to the remote monitoring of the compliance by an offender with a curfew condition as defined in section 12AB(1) of the Prisoners and Criminal Proceedings (Scotland) Act 19938 and only in cases where that offender has been transferred from Scotland to England and Wales in circumstances where paragraph 10 of Schedule 1 to the Crime (Sentences) Act 1997 applies9 and released on licence in accordance with section 3AA of the 1993 Act.

Column 1

Column 2

1
Section 245C(1) of the Criminal Procedure (Scotland) Act 1995 (the function of making arrangements for the remote monitoring of offenders)7.

Only insofar as that function relates to the remote monitoring of the compliance by an offender with a curfew condition as defined in section 12AB(1) of the Prisoners and Criminal Proceedings (Scotland) Act 19938 and only in cases where that offender has been transferred from Scotland to England and Wales in circumstances where paragraph 10 of Schedule 1 to the Crime (Sentences) Act 1997 applies9 and released on licence in accordance with section 3AA of the 1993 Act.

(This note is not part of the Order)

This Order specifies, for the purposes of section 93(1) of the Scotland Act 1998, a function of the Secretary of State and also a function of the Scottish Ministers. Section 93(1) allows the Scottish Ministers to make arrangements for any of their specified functions to be exercised on their behalf by a Minister of the Crown, and for a Minister of the Crown to make arrangements for any of his specified functions to be exercised on his behalf by the Scottish Ministers.

The function of the Secretary of State which is specified in Schedule 1 to this Order is the non-statutory function of making arrangements for the electronic monitoring of compliance with curfew conditions in respect of certain offenders who have transferred from England and Wales to Scotland and are released on licence subject to a curfew condition under either the Criminal Justice Act 1991 or the Criminal Justice Act 2003.

The function exercisable by the Scottish Ministers which is specified in Schedule 2 is their function under section 245C of the Criminal Procedure (Scotland) Act 1995, read with section 12AB(3) of the Prisoners and Criminal Proceedings (Scotland) Act 1993. The function specified in Schedule 2 enables arrangements to be put in place for the remote monitoring of compliance with curfew conditions in respect of certain offenders who have transferred to England and Wales from Scotland and whose release on licence is subject to a curfew condition as defined in section 12AB of the 1993 Act.